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CIRCULAR No. 1/1998/TT-TCBD OF MAY 15, 1998 GUIDING THE IMPLEMENTATION OF DECREE No.109/1997/ND-CP OF THE GOVERNMENT ON POST AND TELECOMMUNICATIONS REGARDING THE MANAGEMENT OF THE QUALITY OF POST AND TELECOMMUNICATION SUPPLIES, EQUIPMENT, NETWORKS AND SERVICES

Pursuant to the Ordinance on Goods Quality of December 27, 1990;

Pursuant to Decree No. 12-CP of March 11, 1996 of the Government on the functions, tasks, powers and the organizational structure of the General Department of Post and Telecommunications;

Pursuant to Decree No. 109/1997/ND-CP of November 12, 1997 of the Government on post and telecommunications;

Pursuant to Decision No. 110/TTg of February 22, 1997 of the Prime Minister approving the overall planning for the development of the post and telecommunications services in the 1996-2000 period;

The General Department of Post and Telecommunications hereby provides the following guidance on the management of the quality of post and telecommunications supplies, equipment, networks and services:

I. GENERAL PROVISIONS

1.1 The General Department of Post and Telecommunications shall perform the State management over the quality of post and telecommunications (PT) supplies, equipment, networks and services on the basis of the standards issued by itself, Vietnam's standards as well as international standards announced by itself for compulsory application, which are in conformity with the provisions of Vietnamese laws and international agreements which Vietnam has signed or acceded to.

1.2 The contents of the management of the quality of PT supplies, equipment, networks and services include:

- Issuing and announcing the standards for compulsory application;

- Certifying the standard conformity of PT supplies and equipment;

- Certifying the registration of the quality of PT networks and services;

- Inspecting, examining and handling violations.

1.3 This Circular shall apply to:

- Supplies and equipment on the "List of PT supplies and equipment subject to standard conformity certification" which are to be hooked up with the public PT networks. This list is categorized into Group I and Group II, corresponding to the modes of standard conformity certification prescribed in Item 3.1.2 of this Circular.

- PT networks and services on the "List of PT networks and services subject to quality registration".

The General Department of Post and Telecommunications shall announce the above-mentioned lists for each period.

For equipment which transmits radio frequencies on the Vietnamese territory, they must comply with not only the provisions in this Circular but also other legal documents on the management of radio transmitters.

1.4 Organizations and individuals producing and/or trading in PT supplies and equipment shall have to register for standard conformity certification as stipulated in Item 3.1 of this Circular.

Enterprises that operate PT networks and/or provide PT services on the Vietnamese territory shall have to register their quality as stipulated in Item 3.2 of this Circular.

1.5 The General Department of Post and Telecommunications shall announce the list of supplies and equipment which have been certified for their standard conformity. Supplies and equipment on this list are technically qualified for being used in the public PT network.

1.6 Organizations, individuals and enterprises mentioned in Item 1.4 shall be accountable to the State agencies and their customers for the quality of PT supplies, equipment. networks and services supplied by them.

1.7 PT supplies and equipment which fall under the framework of international agreements on mutual recognition of standard conformity certification, which have been signed or acceded to by Vietnam, shall be subject to such international agreements.

II. ISSUANCE AND PUBLICATION OF STANDARDS

2.1 The General Department of Post and Telecommunications shall issue and publish the compulsory standards applicable to PT supplies, equipment, networks and services.

2.2 The compulsory standards applicable to PT supplies and equipment issued and published by the General Department of Post and Telecommunications, are the minimum technical requirements so as to guarantee not only their main properties but also, when being hooked up with the public PT networks, that:

- No harm is caused to customers;

- No harm is caused to the networks;

- No harmful interference or effect is caused to other objects.

2.3. The compulsory standards applicable to PT networks and services are the requirements to guarantee not only the their main properties but also the satisfaction of the following conditions:

- Ensuring the customers' interests;

- Ensuring the interests of enterprises operating the PT networks and providing PT services.

III. STANDARD CONFORMITY CERTIFICATION AND QUALITY REGISTRATION

3.1 Certification of the standard conformity of PT supplies and equipment's.

3.1.1 Standard conformity certification is the granting of certificates to PT supplies or equipment that have technical criteria complying with the compulsory standards.

3.1.2 Modes of standard conformity certification

The standard conformity certification for Group I and Group II supplies and equipment on the "List of PT supplies and equipment subject to standard conformity certification" mentioned in Item 1.3 shall be carried out according to the two following options:

- Certification made on the basis of test and evaluation of samples of home-made supplies and equipment of Group I.

- Certification made on the basis of evaluation of dossiers on imported supplies and/or equipment of Group I; home-made and imported supplies and equipment of Group II.

3.1.3 The standard conformity certificate-granting agencies

a/ The General Department of Post and Telecommunications is the agency competent to grant standard conformity certificates to supplies and equipment suppliers for:

- Home-made and imported PT supplies and equipment of Group I;

- Home-made PT supplies and equipment of Group II.

b/ For imported PT supplies and equipment of Group II:

- The General Department of Post and Telecommunications shall grant standard conformity certificates to supplies and equipment suppliers operating on the territory of Region I.

- The regional Departments of Post and Telecommunications shall grant standard conformity certificates to supplies and equipment suppliers on the territories under their assigned management.

3.1.4 Standard conformity certificates granted by the above-mentioned agencies shall be valid nationwide.

3.1.5 Procedures for standard conformity certification

a/ Registration dossiers

Organizations and individuals that have supplies and equipment subject to standard conformity certification shall have to send dossiers to the agencies stated in Item 3.1.3. Such a dossier for registration of standard conformity certification includes:

- An application for registration of standard conformity certification

- Technical documents, including documents describing the technical properties and specifications, user's manuals and operation manuals;

- The enterprise establishment permit (notarized copy);

- The business registration certificate (notarized copy).

For home-made supplies and equipment, the following are also required:

- The supplies or equipment manufacturing process;

- The product quality inspection process.

For imported supplies and equipment, the following are also required:

- The results of the product quality inspection provided by the supplies or equipment manufacturer.

All the above-mentioned documents must be in Vietnamese language. The Vietnamese translations must be lawfully certified by a Vietnamese notary office or a translation organization lawfully operating in Vietnam.

b/ Address for receiving and dealing with the dossiers:

The General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi.

The Post and Telecommunications Department of Region II, 27 Nguyen Binh Khiem, District 1, Ho Chi Minh City.

The Post and Telecommunications Department of Region III, 30 Tran Quoc Toan, Da Nang City.

c/ Time limit for granting standard conformity certificates

For imported supplies and equipment, the standard conformity certificate-granting agencies shall have to notify the applicants of the standard conformity certification results within two weeks from the date of receipt of the valid dossiers.

For home-made supplies and equipment of Group I, the General Department of Post and Telecommunications shall have to notify the applicants of the standard conformity certification results within two weeks from the date of receipt of the testing results.

For home-made supplies and equipment of Group II, the General Department of Post and Telecommunications shall have to notify the applicants of the standard conformity certification results within four weeks from the date of receipt of the valid dossiers.

In special cases where the standard conformity certification requires a longer period of time than as prescribed above, the standard conformity certification-granting agencies shall have to notify the applicants thereof. The maximum time limit for notification of the certification results must not exceed two months.

d/ The steps involved in the standard conformity certification shall be in the order guided by the General Department of Post and Telecommunications.

3.2 Certification of the quality registration of PT networks and services

3.2.1 Certification of the quality registration of PT networks and services is the certification by the General Department of Post and Telecommunications of the enterprises' commitments that the quality of PT networks and services operated and provided by such enterprises conforms with the compulsory standards.

3.2.2 The General Department of Post and Tele-communications shall encourage enterprises operating the PT networks and providing PT services to register at their free will the quality standards of the PT networks and services operated and provided by them.

3.2.3 Quality registration procedures.

a/ Quality registration dossiers.

Enterprises that operate PT networks and provide PT services shall send dossiers to the General Department of Post and Telecommunications, such a dossier includes:

- An application for quality registration;

- The quality registration form;

- The process of operation of the networks and provision of services;

- Relevant technical documents on the quality.

b/ Address for receiving and dealing with dossiers:

The General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi.

c/ Time limit for dealing with the quality registration certification

Within 15 days from the time of receipt of the valid dossiers, the General Department of Post and Telecommunications shall have to notify the results to the enterprises operating PT networks and/or providing PT services.

3.2.4 The enterprises operating PT networks and/or providing PT services shall have to make public the registered quality standards.

3.3 The testing agencies

3.3.1 The General Department of Post and Telecommunications shall announce the list of or designate lawful testing agencies to test PT supplies and equipment.

In cases where the General Department of Post and Telecommunications designates a testing agency. the testing process must be approved by the General Department of Post and Telecommunications.

3.3.2 The testing results of the agencies mentioned in Item 3.3.1 shall serve as the basis for the General Department of Post and Telecommunications to consider and certify PT supplies and equipment's standard conformity. Such testing results can not replace the standard conformity certificates.

3.3.3 The testing agencies shall be accountable before law for the accuracy of the testing results.

3.4 Fees

When sending the dossiers for registration of standard conformity certification or quality registration, organizations, individuals and enterprises shall have to pay a fee as prescribed in Circular No. 71-TC/TCT of October 10, 1997 of the Ministry of Finance guiding the regime on the collection and management of fees on the licensing of post and telecommunications activities and Circular No. 10/1998/TT/BTC of January 21st, 1998 guiding the amendment and supplement to Circular No. 71-TC/TCT of the Ministry of Finance.

IV. INSPECTION AND COMPLAINTS

4.1 The post and telecommunication inspectorate shall coordinate with the concerned units to conduct periodical or unexpected inspection of the observance of the provisions on the management of the quality of PT supplies and equipment in accordance with current provisions of law.

4.2 Inspected organizations, individuals or enterprises shall have to supply the necessary product samples, information and documents related to the inspection contents and shall be accountable for the accuracy of the supplied information and documents, shall have to create favorable conditions for the inspection team or inspectors to perform their tasks.

4.3 Any violations of the provisions on the management of the quality of PT supplies, equipment, networks and services shall be handled in accordance with the provisions of Decree No. 79-CP if June 19, 1997 of the Government stipulating the sanctioning of administrative violations in the field of State management of post and telecommunications and radio frequency.

4.4 All complaints about the management of the quality of PT supplies, equipment, networks and services shall be handled according to the order and procedures prescribed in the Ordinance on Complaints and Denunciations.

V. IMPLEMENTATION PROVISIONS

5.1 This Circular takes effect 15 days after its signing. The previous provisions which are contrary to this Circular are hereby annulled.

5.2 Any problems arising in the course of implementation should be promptly reported to the General Department of Post and Telecommunications for consideration, amendment and supplement.

The General Director of the General Department of Post and Telecommunications

MAI LIEM TRUC